neighborhood off south first street, just feet from the playground. >> the kids, when they walk into the school, they see that ladies in the street. >> reporter: parents say they see the hookers in the middle of the day, and their kids have even pointed out used condoms on the sidewalk outside the school. kimberly is concerned how that is impacting her 5-year-old daughter. >> i don't want her -- like i said, i don't want her to be in that environment with the women going around with that. >> reporter: parents and neighbors are so fed up, they're planning a walk tomorrow night to raise awareness about the problem. omar torres with the nonprofit santa maria urban ministry is helping parents organize the walk. >> their children are exposed to gangs. their children are exposed to drugs. their children are exposed to a lot of negative things that happen in an urban environment. and, you know, adding what is happening on first street, it's, you know, it's -- it's frustrating to them. >> reporter: san jose police say the entire stretch of south first street and monterey road

has seen prostitution activity since the 1980s, in part buzz of the high concentration of low-cost motels and the high volume of pedestrian and car traffic. these parents hope despite budget cuts, police will crack down on prostitutes here and let kids focus on their books, not hookers. and just a few blocks away at rocket ship elementary school, parents say their kids are seeing the same problem too. so they plan to join the walk tomorrow night at 6:30 in this neighborhood. reporting live in san jose, marianne favro, nbc bay area news. >> okay, thank you, marianne. prosecutors have filed charges against that man accused of assaulting and kidnapping a 9-year-old girl right from a san mateo elementary school last week. today school leaders met with anxious parents to review new campus security measures. minutes before parkside elementary school let out last friday, police say the man, who was in the girl's bathroom, grabbed her from behind, carried her away and tried to take her off campus to his house.

she eventually managed to escape. at a private meeting today, parents heard from police and the district about locking gates, and perhaps even getting a higher fence. they also heard from the anguished parents of the girl who was taken. >> it is always emotional when you hear the parents speak. and, you know, obviously the emotions of what could have happened. something much more tragic. >> things could be done and things should be done. and it seems like they're going to discuss a lot of things. i'll feel better when i see stuff done in action. >> the accused kidnapper is charged with kidnapping and felony molestation. he also may be linked to other crimes at schools hours before the kidnapping. legally he becomes an adult next week, but today he pleaded guilty as a juvenile. it's a big difference in terms of punishment. a 17-year-old pleaded guilty to rung over and killing a father and daughter in walnut creek. it's a case that has been in the local headlines for months. nbc bay area's jodi hernandez joins us from the contra costa courthouse.

>> reporter: it was an emotional scene in the courtroom. nearly six months after a concord teenager hit and killed a father and daughter as they rode their bicycles along a sidewalk, he admitted this morning he's guilty. [ crying ] >> reporter: stoorai nuri left court in teenagers after the teenager who hid and killed her husband, solaiman and their 9-year-old daughter hadessa admitted he is guilty. the 17-year-old pleaded to two counts of gross negligence acknowledging he was driving 72 miles per hour in a 45 mile-per-hour zone when he struck the family. >> i just want justice for me and my daughter and the family. >> it's tough for us because we're still have to go home past whatever sentence he gets and deal with this for the rest of our lives. >> reporter: the boy's attorney told the court the teenager is extremely remorseful, and has written apology letters to the family.

letters his attorney has been holding on to until the case resolves. but when the teenager stood up to apologize in court, the victim's family objected. >> where was that apology? where was that statement the day that it happened? right after it happened, where was that, i'm sorry. it wasn't there. >> he did want to apologize today and immediately after he had admitted his guilt, but the family's attorney didn't want him to do that. so we'll get his chance. he'll get his opportunity. he really wants to express his remorse to them. >> reporter: for the family, the pain of losing two loved ones is still unbearable. they want the teenager to pay for what he did, and they hope other drivers learn from what has happened. >> i know everybody out there is a parent, and they feel my pain without me saying words, they can look into me and feel that, because everybody is -- everybody is a parent. everybody is a wife. everybody is a sister, everybody

is a brother. you tell me, how would you feel? >> reporter: the teenager will be sentenced on october 22nd. he faces a seven-year, eight-month sentence. but because he is a juvenile, he can only be held until he is 21. in martinez, i'm jodi hernandez, nbc bay area news. a jury in morgan hill has confirmed that the man accused of kidnapping teenager sierra lamar grew up in an abusive home. jurors convicted 51-year-old genaro fernandez of molesting and assaulting a female relative starting when she was just 7. fernandez is the daughter of garcia torres. garcia torres stands accused of abducting and killing sierra massachusetts lamarr back in march. her body has yet to be found. testimony during the fernandez trial painted the picture of a violent dysfunctional household. his son if convicted in the sierra lamar case also faces a

possible sentence of life in prison. here is what we know. that cook was standing outside la palapas restaurant. police say they're having trouble verifying the victim's injuries, but they do know a gun was used. merchants say they're not surprised especially with the dwindling police force. >> areas like this, i think that we can do a lot of improvement and working with law enforcement. if we all work together, we can make this happen. >> the gas station owner says that he is doing his part by beautifying his business and calling in crime whenever he sees it. coming up on our 6:00 newscast, we'll take a look at how one local business owner plans to keep his neighborhood safe. a little less provocative, but still controversial and incendiary. iranian president mahmoud ahmadinejad blasted israel and the united states today. his comments before the united nations general assembly, and they came on the holiest day of the jewish calendar. nbc's danielle leigh shows us

the fiery speech that the u.s. boycotted. >> reporter: thousands of demonstrators stood outside the united nations in new york city, holding signs that read "liberty" and shouting out against iran. inside iran's president mahmoud ahmadinejad did not mention his nation's controversial nuclear program. instead he accused big powers like the u.s. and israel of being bullies. >> translator: continue threats by the uncivilized zionists to resort to military action against our great nation is a clear example of this bitter reality. >> reporter: the comments prompted harsh words from israel's prime minister benjamin netanyahu as he headed to the u.s. for a speech of his own. israel fears iran is building a nuclear weapon, and in response netanyahu has threatened military force. tuesday president obama pushed for a peaceful negotiation. >> make no mistake, a nuclear armed iran is not a challenge that can be contained. >> reporter: both countries boycotted ahmadinejad's speech, staying away in observance of

the jewish holiday yom kippur. >> we have to make a statement today. the obama administration did make a statement. we're not going to listen to him anymore. >> reporter: former u.s. ambassador nicholas burns called ahmadinejad's slurs more of the same rhetoric. he also attacked the u.s. presidential election, accusing the candidates of ignoring the 99%. >> translator: are we to believe that those who have spent hundreds of millions of dollars on election campaigns have the interests of the people of the world at their hearts? >> reporter: words that are sure to fuel tensions as talks continue inside the u.n. in washington, i'm dannielle lee, nbc news. decision 2012. no republican has ever won the white house without winning ohio. today mitt romney appears to be losing ground in ohio. today's "new york times" cbs poll finds romney trailing president obama by 10% in ohio. but that's not all. romney trails the president by 12% in pennsylvania and by 9% in

florida. as you might know, these are all key swing states. analysts blame the slide on the leaked video in which he disparaged americans for paying no income tax, something he is addressing in a new ad campaign. >> president obama and i both care about poor and middle class families. the difference is my policies will make things better for them. >> i don't believe we can get very far with leaders who write off half the nation as a bunch of victims. >> ohio is key, and they are both campaigning in ohio today. the candidates had different targets in that state. romney went after working class voters while president obama rallied at two colleges. early voting has already begun in more than two dozen states. plus, still ahead here at 5:00, a health warning for a bay area city not used to that type of threat. and it's an engagement photo they'll never forget, for all the wrong reasons. why a same sex couple is blaming a political campaign for stealing their memories. plus -- >> pepper spray is unimaginable pain.

>> the settlement after the spray. uc students learn how their pain and suffer willing be compensated. and not just your above the ground guy. coming up, google takes on an underwater tour. and good afternoon. i'm jeff ranieri in the nbc bay area weather center. temperatures above average with plenty of mid-80s, especially in the east bay with livermore at 86, and morgan hill in the low 80s. as temperatures rise this upcoming weekend, the air quality will suffer. we'll tell you who could it will hit close to 100 in the seven-day forecast. [ laughter ] [ girl ] wow. you guys have it easy.

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i couldn't just move the tv into the playroom. no, we had to watch movies in the den because that's where the tv outlet was. and if dad was snoring on the couch, we muscled through it. is she for real? your generation has it made. [ male announcer ] the wireless receiver. only from at&t u-verse. get a free wireless receiver with a qualifying u-verse plan. rethink possible. a million dollar deal for students pepper sprayed by university police officers at uc davis. you remember this individual crow went viral after a police officer casually started spraying the demonstrators in their faces. during an occupy wall street protester. the university will now pay a million dollars total to the

protesters. that means 21 people named in the lawsuit will each get $30,000 while their attorneys split 250,000. despite today's news, those that were there say they're still dealing with the aftermath. >> pepper spray is unimaginable pain. you feel boiling like your eyes are boiling. your skin is burning. not just initially, i mean throughout the night, the next day, a lot of us suffered from just that. and then the mental and emotional abuse that the university put on us continues today. >> the settlement also calls for uc to set aside $100,000 to pay other individuals who can prove they were arrested or pepper sprayed. also, the school chancellor is required to issue a written apology to those impacted. east bay police are still on the hunt for armed suspects who are involved in the shoot-out on 580, a two-mile stretch of 580 in castro valley between stone

bridge and center streets was shut down for more than an hour last night. police say the suspects inside of a maroon ford taurus got out and ran away on foot. there were two total cars involved. the other car managed to get away. it's unclear if any of the suspects were injured. in health matters tonight, san francisco officials are reporting the first human case of the west nile virus. a san francisco man is recovering at home after he developed encephalitis, which is brain swelling. the health department says it is rare, but can occur in those that are elderly or those with compromised immune systems. now there is no way to tell if the man was bitten in san francisco or another bay area county. recently, however, one did dead bird did test positive for the virus which shows it is present in the city. >> we sent out a health alert to the physicians in san francisco. west nile virus is here. this is the season. we've had a case in san francisco. be on the lookout for somebody who comes in with symptoms of confusion, for example. ask about where they have been.

>> west nile virus is most often transmitted to people and animals through a mosquito bite. among people who become infected, only one in five develop an illness. mild symptoms include fever and muscle aches. so far there have been 165 cases in california, and six people have died. a guy couple from new jersey is fighting back in federal court after their engagement photo showed up in a political ad 2,000 miles away. the couple filed the lawsuit against the group called public advocate of the united states that group and that lawsuit was filed in denver today. here is the photo. brian edwards and tom say the group atered the picture to show the two men kissing in a snowy colorado setting and used it in a political ad to attack a lawmaker who supported civil unions. they say the image that once represented their love now makes them cringe. >> this is a personal attack. it shows the sad reality that no matter your age or how successful you have been at tackling life's obstacles, there will always be those who feel

entitled to take things you hold dear and use them for heinous purposes. >> the actual photo, seen here, was taken with the new york city skyline in the background. it was posted on edward's personal blog. parents whose children are harmed or killed by vaccines that are allegedly defective are not allowed to sue the manufacturers in state court. that's the opinion of the ninth u.s. court of appeals. the court dismissed the suit by a couple whose baby suffered seizures and died after immunization. a 1986 federal law that established a vaccine court. that court is in charge of determining if someone's injury is consistent with the vaccine's known side effects. if so, the victim would be compensated without having to prove the manufacturer acted negligently. the maximum award, though, for a vaccine-related death is just $250,000. there are conflicting reports tonight about whether the nfl is close to settling its labor dispute with its locked out referees. this whole dispute has turned

into a public relations nightmare for the league. earlier today espn said the two sides were close to a deal, and the real refs could return to work by this weekend. however, nbc sports peter king reports an agreement is not eminent. meanwhile, more than 70,000 people in the past 48 hours have called the nfl league office to complain about the officiating. let's turn things over to meteorologist jeff ranieri, who joins us now. so starting to pick up a little. >> yes, numbers a little warmer for today. in fact, livermore did get up to 86, slightly above our averages. but definitely not record-setting. woe we would have had to hit 103. that record was set in 2009. however, as we head into this upcoming weekend in livermore we will be close to record-setting temperatures with a forecast high of 97 degrees. hold on. the seven-day forecast could be getting a lot hotter. we'll have that for you coming up. right now across the east bay most of that heat contained from pleasanton back into livermore with 84 in livermore to 80 in pleasanton. then you'll notice this cool-off

from oakland to walnut creek, 60s to 70s. the onshore wind is creeping in and that's dropping temperatures, not only for parts of the east bay, but also up against the coastline. the hd camera network. this is why we're getting super hot. we have all this fog and the marine layer that is still present right now in downtown san francisco. and eventually, we're going to see that clear out, which will help to aid in our warming. let's get you back into the weather boards. over the next 48 hours we have high pressure that is going to build in even stronger, right across a large section of the west. not only hot air with it, but the key component in getting that marine layer cleared out will be these dryer offshore winds that we do expect here as we head throughout friday, saturday, and even sunday's forecast that will give us that much warmer seven-day. as for your next 48 hours up against the coastline, we'll find 60s and 70s. a little warmer. also plenty of sunny skies by the afternoon. and temperatures by the bay in the 80s. we'll also have some 90s for the interior east and also the south bay. as we head throughout friday, that's when you're really going

to start to notice the temperatures going up. as far as the fog forecast goes for the morning hours, we'll find most of the low clouds contain right up here into the north bay, also for the immediate coastline. but it's going to be a much quicker burnoff of the low clouds here across the bay area. we think by leonardo a.m. on thursday, we'll have, well, a lot more sunshine to enjoy. daytime temperatures up a little bit with 88 in morgan hill. 70 in santa cruz. 86 in los gatos. and 80 in palo alto. one of the hottest spots will be walnut creek with 8. also livermore with 90. 86 in dublin, and how is this? back by the bay, alameda with 72. and hayward at 76. for san francisco, 70 for you. low 70s in richmond. 75 in berkeley. and 74 in oakland. and not quite warm at the coastline. we'll find mid-60s, anywhere from half moon bay to pacific california. but as we head into this upcoming weekend, again, not only hotter inland, but note these coastal temperatures going up into the low 70s as we head throughout friday and saturday, and for the interior valleys we will be close to 100 degrees as

we head into sunday. look at that. 97 degrees. so we're counting on that marine layer pushing out. and that's what is going to give us this big-time warm-up. and note this. by next wednesday, showers will be building. we've clouded up that seven-day forecast. not looking at a major storm system, but it is possible we may actually get our first raindrops of fall by next wednesday. >> and jeff could not be more excited. the thrill he said that with. it was just joy. he was effusive. >> the radar is fired up. i'm ready. bring it on. >> he is our chief meteorologist. let him get excited. thanks, jeff. well, takeout trouble? the northern california county that wants to change the way you bring home food. and never say never. author j.k. rowling talks about the possibility of a new harry potter book, next.

the ban on plastic bags is coming to restaurants now. santa cruz county will be among the first in the state to ban bags for carry-out food.

the county's board of supervisors voted to put restaurants become on the list of places prohibited from using plastic bags. this ban will take effect in april. now santa cruz also bans plastic bags in grocery and convenience stores. previously, you might recall san francisco has also voted to ban plastic bags in restaurants. that ban will take effect next summer. however, the rule is being challenged in court. opening the books. the boy scouts of america launching review of four decades of records for possible abuse allegations. the boy scouts says it wants to make sure all allegations from the last 47 years are reported to law enforcement. the move comes after a "new york times" investigation found that scout officials did not report hundreds of cases from 1970 to 1991. the newspaper also found 80% of abuse cases the scouts had learned directly from alleged victims and their families were not handed over to police. it's no harry potter, but fans could be lining up for author j.k. rowling's latest release, which is tomorrow.

two million copies of the adult novel "the casual vacancy" will hit store shelves. it's not a lot for rowling, just two million, whose final harry potter novel sold 11.5 million copies in just ten days in the united states. rowling has kept the details of the plot of the new book under wraps. she did mention in an interview she'll be rewilling to revisit harry potter in a new book, but only if she comes up with a, quote, fabulous idea. >> well, she's had fabulous ideas in the past. >> are you going to read the adult novel? i don't know. i might. we'll be right back.

what will they think of next? from automated cars to understood water maps, google is at it again. google has partnered with the

catlin seaview survey to provide hd images of six of the worrell's most amazing coral reefs. you can see a sea turtle swim by followed by a manta ray, and even experience the reef at sunset. beautiful pictures. the collection of photos includes coral reefs in australia, the philippines and hawaii, and is available for free through google maps streetview feature. so log on and take a look. beautiful to see. >> pretty soon an underwater car that can do it all at once. no? >> don't even have to leave the house. >> that's going to do it for us. oh, jeff's got his seven-day. >> yes, we do. >> might see showers. >> possibly. some mid- to upper 90 here is by saturday and sunday. maybe a chance of a shower by next wednesday. we're keeping our fingers crossed. we need the rain. >> very good. "nightly news" is next. we'll see you for more local news at 6:00. >> bye-bye.